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| Alsip v. Healthcare Alliance Hosp., Inc., Opinion No.: 97951, Docket Number: 2006-2174,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 5, 2007, Filed
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Overview: Plaintiff's claim that a hospital and others committed negligence in performing laboratory procedures and caused him to suffer a loss of employment constituted a medical error as opposed to an administrative error or violation of a statutory procedure and, thus, was subject to a medical malpractice tribunal under Mass. Gen. Laws ch. 231, § 60B.
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| Bash v. Clark Univ., Docket Number: 2006-00745,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 5, 2007, Filed
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Overview: Because a university and its administrators had no special relationship with a co-administrator's daughter, who was an adult child living on an out-of-state college campus who voluntarily ingested heroin, to impose a duty to supervise and control her would be contrary to contemporary social mores and strikingly at odds with the law.
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| Commonwealth v. Hernandez, SJC-09764,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 5, 2007, Decided
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Overview: As officer had reasonable suspicion that a crime had been committed, which justified his approaching defendant, and defendant fled after the officer displayed his badge, defendant's suspicious activity and flight created probable cause to arrest him for drug trafficking. Thus, bags of heroin found in area where he was caught were lawfully seized.
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| Commonwealth v. Mahoney, No. 05-P-1680,
APPEALS COURT OF MASSACHUSETTS, April 5, 2007, Decided
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Overview: Since victim of simple embezzlement could be any individual or entity, appellate court held simple embezzlement was lesser included offense under Mass. Gen. Laws ch. 266, § 51. Larceny conviction was vacated as Commonwealth made no effort to prove defendant unlawfully took and carried away city property so as to have committed traditional larceny.
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| Commonwealth v. Silva, SJC-09750,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 5, 2007, Decided
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Overview: Where key prosecution witness in murder trial was shot at before testifying, juror was released from service due to her fears for her safety, and, after defendant's acquittal, assailant shot at home of his mother, trial judge properly impounded jurors' names and addresses under Mass. Unif. Impoundment P.R. 7 based on his concerns for their safety.
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| Fuller v. Boylston Realty Assocs., Opinion No.: 97950, Docket Number: 07-0471,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 5, 2007, Filed
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Overview: Owners of dominant estate's (DOs) application for preliminary injunction was denied as DOs had acquiesced in use of temporary construction road by owners of servient estate (SOs) for five years, and permanent access road would be completed in 90 days, which would not burden easement.
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| In re Steinberg, SJC-09701,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 5, 2007, Decided
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Overview: Facts in attorney's case supported his suspension for one year and one day, to run consecutively to completion of prior suspension order, based on District of Columbia discipline of him; facts showed, inter alia, that he had neglected client matters, that he had failed to provide competent representation, and his substantial disciplinary history.
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